Oregon Statutes 114.537 – Safe deposit boxes
(1) If a person who is eligible to file a simple estate affidavit is aware that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the claiming successor or other person may not file a simple estate affidavit until the person requests an inventory of the box under ORS § 708A.655, if the lessor of the box is an Oregon operating institution as defined in ORS § 706.008, or under ORS § 723.844, if the lessor of the box is a credit union as defined in ORS § 723.008. Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the person requesting the inventory. The person requesting the inventory shall take the contents of the box into consideration in determining whether the estate of the decedent is within the limits prescribed by ORS § 114.510. If the person files a simple estate affidavit, the affidavit must contain a statement of the value of the contents of the box.
Terms Used In Oregon Statutes 114.537
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If an affiant becomes aware after the filing of a simple estate affidavit that the decedent was the sole lessee or the last surviving lessee of a safe deposit box or was the owner of the contents of a safe deposit box at the time of the decedent’s death, the affiant shall promptly request an inventory of the box under ORS § 708A.655, if the lessor of the box is an Oregon operating institution as defined in ORS § 706.008, or under ORS § 723.844, if the lessor of the box is a credit union as defined in ORS § 723.008. Upon receiving the request, the lessor of the box shall cause an inventory of the contents of the box to be made. The lessor shall retain the original inventory in the box and shall provide a copy of the inventory to the affiant. If the estate of the decedent remains within the limits prescribed by ORS § 114.510 after consideration of the value of the contents of the box, the affiant shall file an amended simple estate affidavit under ORS § 114.515 (6). Upon receiving a certified copy of the amended affidavit, the lessor shall allow the affiant to take possession of the contents of the box. If the estate of the decedent exceeds the limits prescribed by ORS § 114.510 after consideration of the value of the contents of the box, the affiant may not file an amended simple estate affidavit and shall file notice with the court that the estate of the decedent is not subject to ORS § 114.505 to 114.560 and shall serve a copy of the notice on the lessor of the box. The lessor of the box shall deliver the contents of the box to the personal representative for the decedent, or to such other person as may be provided for under the terms of the lease of the box. [2011 c.422 § 2; 2019 c.165 § 9; 2023 c.17 § 4]